Joann Corbett, Carmel Buratti, John Bewick and Gall Thompson, appellants, v. Scranton School District and Scranton Federation of Teachers, Appellees.

731 A. 2d 1287 (Pa 1999)

Facts about the Case

Joann Corbett, Carmel Buratti, John Bewick and Gail Thompson were suspended professional employees of the Northeastern Intermediate Unit who were transferred from the Intermediate Unit to the Scranton School District pursuant to the Transfer Between Entities Act. They provided educational services to visually and hearing impaired students and had been employed by the Intermediate Unit for more than seven years, but the Scranton School District only credited them with seven years experience for salary step purposes based on the collective bargaining agreement between the district and the teachers' organization. Corbett, Buratti, Bewick and Thompson brought action against the Scranton School District and the teachers' union, seeking credit for all years of experience for salary step purposes, The Common Pleas Court of Lackawanna County granted summary judgment for the teachers. The school district and the teachers union appealed to the Commonwealth Court, which reversed. Subsequently, the teachers appealed to the Supreme Court.

Decision of the Court

On June 24, 1999, the Supreme Court reversed the decision of the Commonwealth Court. The Supreme Court stated that under the Transfer Between Entities Act, 24 P.S. 11-1 1 13, subsection (b) of the Act clearly mandated that "transferred professional employees shall be credited ... for their years of service in the sending entity."

Basis for the Decision

The Commonwealth Court based its decision on the interpretation of subsection (c) of the Act, which applies to transferred teachers. The court did not choose to make the distinction between transferred programs, classes, and professional employees. In addition, the court felt that the unit bargaining agreement that referred to "newly appointed teachers," applied to the transferred teachers.

The Supreme Court reversed the decision of the Commonwealth Court by stating the language of the bargaining agreement did not specifically reference the Act of Transfer between Entities. Also in the interpretation of the Act as stated, it clearly mandates that transferred professional entities shall be credited for service accrued in the sending entity-

Written by Colleen Sheptock, D. Ed. and Lee Gump, July, 2000